A collaborative divorce is a legal process that allows couples to negotiate the terms of their divorce without resorting to mud-slinging or fighting. It is a relatively new way of resolving the issues that arise when a marriage ends. Think of it as a combination of divorce mediation and a traditional divorce involving lawyers. Both spouses hire attorneys who agree to use non-confrontational techniques to resolve any disputes. The goal is to reach a mutually beneficial solution that meets the needs of both parties and avoids litigation.
Collaborative lawyers are committed to managing conflicts, not creating them. This process requires both parties, each represented by an attorney, to enter into what is called a Partnership Agreement. This is a legally binding contract that obliges each party to the divorce to participate in the collaboration process. The agreement also limits the scope of representation of each lawyer. For example, they must withdraw from the case if the collaborative process fails.
Additionally, collaborative divorce requires that both parties have some level of mutual trust in order to negotiate in good faith. Once you and your spouse have negotiated all the terms of your divorce, your attorneys will draft a settlement agreement for both of you to sign. Whether or not a collaborative divorce is right for you depends on your opinion of the process, your willingness to negotiate, and your ability to work together. The collaborative divorce process begins with a conversation between divorcing spouses to ensure that both are willing and able to negotiate and collaborate. It is an alternative dispute resolution method whereby couples choose to divorce outside of the traditional court-based model of contentious litigation.
VacP members are collaborative professionals, dedicated to resolving family and civil matters without litigation. A Participation Agreement disqualifies collaborative divorce attorneys from representing either spouse if they cannot agree on the terms of the divorce and end up litigating. There are many advantages to avoiding court proceedings when resolving your divorce issues. This is true for couples who cannot agree on what to do and require lawyers and judges to settle their disputes. Once both parties have agreed on all matters, the legal part of the divorce is relatively straightforward. Licensed mediators, divorce counselors, and children's specialists may increase the overall cost from start to finish.
To help with this, we've included some frequently asked questions below for people considering a collaborative divorce in Greenville, NC. Courts in every state encourage couples to work together to resolve their divorce issues, and when you can agree, you will find that the process is much smoother. Divorce mediation is an alternative dispute resolution method in which a third-party mediator guides a separating couple in resolving issues related to property division, child custody, alimony, and other divorce matters. You and your attorney should also begin building your collaborative divorce team, including a divorce counselor, financial specialist, and children's specialist.
